CDL and OVI in New Castle

A conviction for Operating a Vehicle under the Influence (OVI) can have severe consequences for any driver. But for someone with a Commercial Driver’s License (CDL), the penalties are especially harsh and often lead to the loss of employment.

If you are a CDL holder and are found with a blood alcohol content (BAC) over the legal limit, or if you refuse a chemical test, you must surrender your license immediately. Failure to do so can result in a first-degree misdemeanor charge.

If you agree to a test and your BAC is under .04 percent, you will be placed “out of service” for a 24-hour period. However, refusing a test or having a BAC above .04 percent will lead to a one-year suspension of your CDL for a first offense. A skilled New Castle criminal lawyer can help you navigate this complex situation.

For a second OVI offense where you fail the BAC test (meaning your level is over .08 percent), you will lose your CDL for life. This strict rule, established on January 27, 2012, applies even if the offense occurred in another state.

On top of these CDL-specific penalties, you will also face standard court-imposed sanctions, such as a suspension from driving any type of motor vehicle.

Implied Consent and a CDL License

In Ohio, every driver, including CDL holders, provides “implied consent” to chemical testing of their blood, breath, or urine when they accept their license. According to Section 4511.191 of the Ohio Revised Code, if a law enforcement officer requests a test and the CDL holder refuses, it triggers an Administrative License Suspension (ALS) and disqualification from operating a commercial motor vehicle. A knowledgeable New Castle DUI lawyer can provide crucial guidance in these matters.

Due to this automatic penalty, it is vital for a CDL holder facing an ALS to file an appeal within 30 days of their initial OVI court appearance. The only way to prevent the commercial driving disqualification is to have the ALS successfully reversed. Even if you are later acquitted of the OVI charge, the disqualification will remain in effect if the ALS appeal was not successful.

For a first offense, the disqualification period is one year. A second offense results in a lifetime ban, unless the rules are changed by the United States transportation secretary and the director of public safety.

Legal BAC Limit for CDL Licensees

The legal blood alcohol content (BAC) limit for CDL drivers is significantly lower than for other drivers. While the standard limit for adults is .08 percent, for a CDL holder, it is half that: .04 percent. A New Castle criminal lawyer can explain the specific implications of this lower threshold. Importantly, a year-long ALS can be imposed even if the commercially-licensed driver was not operating a commercial vehicle at the time of their OVI arrest.

A CDL can be suspended for several reasons:

• Refusing to submit to a chemical test results in a one-year suspension.
• Driving under the influence of a controlled substance leads to a one-year suspension.
• Having a BAC of 0.04 percent or higher also results in a one-year suspension.
• Using a commercial vehicle to commit a felony will trigger a one-year suspension.

If the driver is operating a vehicle marked with placards indicating hazardous materials, the suspension period increases to three years.

Driving Suspensions and CDLs

If a CDL driver receives an Administrative License Suspension, they are not eligible for limited driving privileges for work if that work involves operating a commercial vehicle. The court may grant limited privileges for travel to court, medical appointments, school, or a non-driving job, but never for commercial driving. A New Castle DUI lawyer from Youngstown Criminal Law Group can clarify the limitations of any driving privileges you may be granted.

Because these disqualifications are federally mandated, they cannot be shortened, altered, or canceled.

Second OVI Convictions for CDL Holders

In nearly all cases, a second OVI conviction means losing your CDL for life. The exceptions to this rule are related to “Out of Service” violations, which carry different penalties:

• 1st Out of Service violation: 90-day suspension
• 2nd Out of Service violation: 1-year suspension
• 3rd Out of Service violation: 3-year suspension

If you are facing these serious charges, consulting an experienced New Castle criminal lawyer is a critical step. A dedicated legal professional can help fight for your rights and your livelihood. If you need a lawyer with the experience and tenacity to defend you, it’s important to seek help immediately. Call us at (330) 992-3036 for free consultation.